New South Wales Consolidated Acts New South Wales Consolidated Acts(cf model provisions, s 107)
(1) This section applies where:(a) a container weight declaration has not been provided as required by this Act, and(b) a person suffered loss as a result of the non-provision of the declaration.
(2) Any person (the "plaintiff") has a right to recover under this Act, from the responsible entity for the freight container, the monetary value of any loss incurred by the plaintiff and consequent on the non-provision of the container weight declaration.
(3) Losses that may be recovered include any or all of the following:(a) any loss incurred from delays in the delivery of the freight container or any goods contained in it or of other goods,(b) any loss incurred from spoliation of or damage to the goods,(c) any loss incurred from the need to provide another vehicle or combination, and any loss incurred from any delay in the provision of another vehicle or combination,(d) any costs or expenses incurred in weighing the freight container or any of its contents or both.
(4) The plaintiff may enforce that right by bringing proceedings in a court of competent jurisdiction for an order for payment of the monetary value of the loss.